1. United States v. Chong Lam,
No. 11-4056, No. 11-4081, UNITED STATES COURT OF APPEALS FOR THE FOURTH
CIRCUIT, 2012 U.S. App. LEXIS 7563, January 27, 2012, Argued, April 16, 2012,
Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Defendants'
Fed. R. Crim. P. 29(a) motion for acquittal after they were convicted of
trafficking in counterfeit goods under 18 U.S.C.S. § 2320(a) was properly
denied because defendants' mark was similar enough to the legitimate mark that
the court could not say, as a matter of law, that no rational jury could
conclude the mark was a counterfeit.
CORE TERMS: counterfeit,
indistinguishable, prosecutor's, new trial, handbag, knight, equestrian,
trademark, plaid, jurors ...
2. In re Becton, Dickinson &
Co., 2011-1111, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012
U.S. App. LEXIS 7685, April 12, 2012, Decided [enhanced version
available to lexis.com subscribers]
CORE TERMS: functional,
cap, functionality, patent, closure, top, alternative designs, trademark,
utilitarian, ribs ...
3. Rosetta Stone Ltd. v. Google,
Inc., No. 10-2007, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 2012
U.S. App. LEXIS 7082, September 22, 2011, Argued, April 9, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: When
defendant allowed other advertisers to use plaintiff's trademarks as "key
words" for Internet searches and in ad text, while failure to consider all
nine of the traditional likelihood-of-confusion factors was not error, it was
error to view the evidence much as it would during a bench trial on a summary
judgment motion.
CORE TERMS: stone,
trademark, famous, dilution, keyword, summary judgment, sponsored, consumer,
fair use, infringement ...
4. In re Chamber of Commerce of
the United States, 2011-1330, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2012 U.S. App. LEXIS 6636, April 3, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Citing
15 U.S.C.S. § 1052(f), the court stated that a descriptive mark could be
registered if it had obtained "secondary meaning" or "acquired
distinctiveness," whereby the mark had come to serve a trademark function
of identifying a particular source of goods or services. In instant case,
substantial evidence supported finding of descriptiveness.
CORE TERMS: chamber,
chambers of commerce, descriptive, descriptiveness, registration, nationwide,
businesspersons, designated, directory, commerce ...
5. Coach, Inc. v. O'Brien, 10
Civ. 6071 (JPO)(JLC), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
NEW YORK, 2012 U.S. Dist. LEXIS 52565, April 13, 2012, Decided, April 13, 2012,
Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Trademark
owners were entitled to infringement damages substantially greater than damages
based solely on the infringer's apparently modest sales since it was not clear
that the disclosure of sales was complete, the infringement was willful, the
marks were valuable, and deterrence of the infringer and others warranted a
significant award.
CORE TERMS: default
judgment, registered trademarks, statutory damages, infringement, website,
trademark, counterfeit, default, willful, discovery ...
6. Ford Motor Co. v. O.E. Wheel
Distribs., LLC, Case No. 8:09-cv-2137-T-30TBM, UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION, 2012 U.S. Dist. LEXIS 51398,
April 12, 2012, Decided, April 12, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: wheel,
cobra, summary judgment, seizure, trademark, cap, ex parte, genuine, bad faith,
listing ...
7. Seed Servs., Inc. v. Winsor
Grain, Inc., CASE NO. 1:10-CV-2185 AWI GSA, UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 51779, April 11,
2012, Decided, April 12, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: seed,
trademark, grain, preliminary injunction, customer, alfalfa, registration,
brand, tradenames, public interest ...
8. Rolex Watch U.S.A., Inc. v.
Lizaso-Rodriguez, Case No. 1:11-cv-23986-PAS, UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF FLORIDA, 2012 U.S. Dist. LEXIS 49258, April 9, 2012,
Decided, April 9, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: watch,
registered trademarks, infringement, trademark, counterfeit, statutory damages,
injunction, default judgment, final judgment, investigator ...
9. Who Dat Yat Chat, LLC v. Who
Dat, Inc., CIVIL ACTION NO: 10-1333c/w10-2296 SECTION: J (4), UNITED STATES
DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA, 2012 U.S. Dist. LEXIS
46733, April 3, 2012, Decided, April 3, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
registration, movant, functionality, abandonment, t-shirt, apparel,
merchandise, clothing, summary judgment ...
10. Icon Health & Fitness,
Inc. v. IFITNESS, Inc., Case Number: 12-20125-CIV-MORENO, UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, 2012 U.S.
Dist. LEXIS 46824, April 2, 2012, Decided, April 3, 2012, Entered on Docket [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
registration, trademark infringement, infringement, registered, cancellation,
definite, incontestable, registrant, consumer ...
....
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